Two accused of murder have hearing rescheduled

NEW MADRID - A preliminary hearing for two men accused in the robbery and murder of a New Madrid man will be rescheduled.

A hearing was to be conducted today in Division II of New Madrid County Circuit Court for Bobby Mays and Cornelius Sutton, who are charged with first degree murder, first degree robbery and armed criminal action in the Aug. 17 murder of Charles "Charlie" Toler.

New Madrid County Prosecuting Attorney Lewis H. Recker requested a continuance in the preliminary for Sutton.

Recker said he is waiting to get DNA evidence to back from the lab, prompting the request for the continuance. He estimated it could take several more weeks which would delay the preliminary until November.

A change in judge was sought by the attorney for Mays. According to court docket information the case was reassigned to Judge W. Keith Currie, an associate judge in Pemiscot County.

A new preliminary hearing date is not set yet for Mays.

Toler's body was found at his home after friends became concerned when they had not seen the man. According to the probable cause affidavit filed by New Madrid County Sheriff Terry Stevens with the court Toler died of asphyxia, or suffocation.

Mays and Sutton remain in custody. The bond for both men remains at $1,500,000 each.